THE ROLE OF CENTRAL AUTHORITIES IN THE APPLICATION OF THE 1980 HAGUE CONVENTION ON CHILD ABDUCTION: A CRITICAL ANALYSIS OF A GENUINE AREA OF PUBLIC INTERNATIONAL LAW

 

Dr. Kutlay Telli [1]

 

Abstract

There is a widespread consensus that the Hague Child Abduction Convention of 1980 constitutes a comprehensive attempt at the international protection of children. This article mainly intends to provide a roadmap for Central Authorities regarding the return requests within the meaning of the Hague Convention. It also touches on the emerging challenges faced by the Convention system while achieving a delicate balance between the competing or joint interests of the child as well as the left-behind and taking parents within the context of grave risk exception.

In doing so, alongside with achievements made by Contracting States, this work will find a chance to make clear the overall handicap of the implementation mechanism. Lastly, it will be revealed that the translation of the Convention requirements into practice presupposes the full exercise of public power and the application of public international law norms, despite the Convention is a natural product of international private legal order.

This article is published in the Journal of The Court of the Jurisdictional Disputes, a peer-reviewed law journal: https://www.uyusmazlik.gov.tr/Resimler/Pdfler/Makaleler/30-11-2017kutlaytelli.pdf.



Dr. Kutlay Telli 

Legal Adviser, 

LLM Leicester University Faculty of Law, Leicester, UK

Visiting Scholar Fordham University Faculty of Law, New York, USA

 

After his graduation from the Faculty of Law in Ankara, he received his second master’s degree from the Leicester University Faculty of Law, UK in 2008. He delivered lectures in Fordham School of Law in the USA. He completed his dissertation research for associate professor degree in New York. He speaks Turkish, French and English very fluently. 

He has extensive experience in different branches of public and private international law. He has been engaging in legal matters within the framework of national and international firms and institutions such as the Turkish Council of State and the United Nations for 15+ years.      

He wrote four books and numerous articles in journals with referees (in English and in Turkish) dedicated to existing and emerging legal challenges and their effective solutions.

 

He is married with two children.

 


[1] Kutlay Telli, LLM Leicester University Faculty of Law (UK); Visiting Scholar Fordham School of Law (NY).

 

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